T 0217/04 () of 20.10.2004

European Case Law Identifier: ECLI:EP:BA:2004:T021704.20041020
Date of decision: 20 October 2004
Case number: T 0217/04
Application number: 97300414.6
IPC class: C23C 4/00
Language of proceedings: EN
Distribution: D
Download and more information:
Decision text in EN (PDF, 16 KB)
Documentation of the appeal procedure can be found in the Register
Bibliographic information is available in: EN
Versions: Unpublished
Title of application: Method for repairing a thermal barrier coating
Opponent name: ALSTOM (Switzerland) Ltd.
Board: 3.2.07
Headnote: -
Relevant legal provisions:
European Patent Convention 1973 Art 108
European Patent Convention 1973 R 65(1)
Keywords: Missing Statement of Grounds


Cited decisions:
Citing decisions:

Summary of Facts and Submissions

I. The appeal contests the decision of the Opposition Division of the European Patent Office posted on 28 November 2003, rejecting the opposition filed against European patent No. 0 808 913 pursuant to Article 102(2) EPC

The appellant (opponent) filed a notice of appeal on 5. February 2004 and paid the fee for appeal on the same day.

No statement of grounds was filed. The notice of appeal contains nothing that could be regarded as a statement of grounds pursuant to Article 108 EPC.

II. By a communication dated 10 May 2004 sent by registered letter with advice of delivery, the registry of the Board informed the appellant that no statement of grounds had been filed and that the appeal could be expected to be rejected as inadmissible. The appellant was invited to file observations within two months. Attention was also drawn to Article 122 EPC.

III. No answer has been given to the registry's communication.

Reasons for the Decision

As no written statement setting out the grounds of appeal has been filed, the appeal has to be rejected as inadmissible (Rule 65(1) EPC in conjunction with Article 108 EPC).


For these reasons it is decided that:

The appeal is rejected as inadmissible.

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